Back / lumbar spine decisions — 2009

The Veteran's initial claim for a compensable rating for her service-connected degenerative disc disease of the L4-L5 spine was denied prior to May 27, 2008.,After May 27, 2008, the Veteran's claim for an increased disability rating for her service-connected degenerative disc disease of the L4-L5 spine was also denied.

The Board found that the appellant's current low back disorder did not manifest until many years after service and is not shown by the medical evidence of record to be related to his active duty service. Therefore, service connection for low back disorder was denied.

The Veteran's appeal is being remanded for additional development, including obtaining records from McGuire Air Force Base and providing VCAA notice regarding her service connection claim for skin allergies.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for depression and anxiety, and a back disorder. As such, these claims remain denied.

The Veteran's claims for nose bleeds, bilateral hearing loss, and back disability were denied. The claim for residuals of a fractured right great toe was not reopened due to lack of new and material evidence.

The Veteran's claims for increased rating of low back disability, service connection for cervical spine disorder and left arm disorder as secondary to the service-connected low back disability are being remanded due to receipt of additional medical evidence.

The Board finds that the veteran does not have any residuals of spinal meningitis related to service, and therefore denies the claim for service connection.

The Veteran's kidney disorder (kidney stones) was incurred in service, and the Board grants service connection for this condition. The Veteran's degenerative disc disease of the lumbar spine is also granted as a direct result of service.

The Board denied reopening the claim for service connection for low back pain, to include as secondary to a lateral femoral cutaneous nerve condition. The Veteran's residuals of a gun shot wound of the abdomen and right flank are not productive of moderately severe muscle impairment warranting an evaluation in excess of 10 percent. The Veteran is already in receipt of the highest available evaluation for meralgia due to entrapment of the right lateral femoral cutaneous nerve.

The Board has remanded the case for additional development due to insufficient evidence regarding the etiology of the Veteran's lumbar scoliosis and degenerative disc disease.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration records.

The Board found no evidence to support a causal relationship between the Veteran's current low back disability and his active service, including an in-service motor vehicle accident. The claim was denied.

The Board has remanded the case due to incomplete verification of service records and need for additional information regarding the claimed stressor. The Veteran's claims will be adjudicated without regard to prior denials.

The Veteran's claim for an increased rating for his back disorder was denied, and the claim for a compensable initial rating for bilateral hearing loss was also denied. The effective date of the decision is not specified.

The Board denied the Veteran's claims for service connection for hypertension, diabetes mellitus, heart disease, lumbar spine disability, and lower extremity disability. The decision also addressed whether new and material evidence had been received to reopen the claim of service connection for hypertension.

The Board denied the Veteran's claims for service connection for a low back disability and residuals of injury to right hip. The claim for residuals of injury to right hip was previously denied in January 1990, and new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Board has remanded the case due to insufficient evidence regarding the onset and etiology of the Veteran's cervical and lumbar spine disabilities, including a lack of an opinion on whether these conditions are related to service.

The Board finds that the Veteran's back disability is not related to his active service, including an in-service spinal block during a hemorrhoidectomy. The claim for service connection is denied.

The Board has determined that a remand is necessary to obtain updated medical examinations and opinions regarding the veteran's low back disability, as the current examination may be outdated.

The Board has determined that the Veteran's current back disability is etiologically related to his period of active duty service and grants entitlement to service connection for a back disability.